A DISCOURSE OF THE NATURE and OBLIGATION OF OATHS: WHEREIN, Satisfaction is tendered touching the Non-obligation and unlawfulness of the OATH called, The SOLEMN LEAGue and COVENANT. The Acknowledgement whereof, is required of us by a late ACT of PARLIAMENT, Entitled, An ACT for UNIFORMITY. Published as an APPENDIX to the Peace-offering. By the same AUTHOR. Thou shalt swear the Lord liveth in Truth, Judgement, and Righteousness, Jer. 4.2. Juramentum Pietatis, non debet esse vinculum Iniquitatis. LONDON, Printed by E. M. for Thomas Pierrepont, at the Sun in St. Paul's Churchyard. 1662. A Discourse TOUCHING THE NATURE, & OBLIGATION of OATHS: TOGETHER WITH THE NON-OBLIGATION and unlawfulness Of the OATH, called, The Solemn League and Covenant. THE earnest desire of my Soul for the advancement of Piety and Peace, Sect. 1. engaged me to send forth my PEACE-OFFERING into the World, to invite to Peace, and persuade to Obedience, and a just Conformity to the Laws under which we live; wherein it was my endeavour to satisfy the principal Doubts, and remove the most material Scruples which might hinder that Peace and Obedience: But there is now risen another, which I then could not foresee; viz. This Acknowledgement or Declaration, which we are commanded by the Act of Parliament, Entitled, An Act for Uniformity, etc. to make and subscribe, viz. I A B. Do Declare, That it is not lawful upon any pretence whatsoever to take Arms against the King, and that I do abhor that Traitorous Position, of taking Arms by His Authority against His Person, or against those that are Commissionated by Him; And that I will conform to the Liturgy of the Church of England, as it is now established: And I do Declare, That I do hold there lies no Obligation upon me, or on any other person, from the Oath commonly called, The Solemn League and Covenant, to endeavour any change or alteration of Government either in Church or State; and that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm, against the known Laws and Liberties of this Kingdom. I know it will be deemed by many a matter of extreme severity, Sect. 2. for the Parliament thus to oblige men to renounce, what, with hands lifted up to the most High God, they have so solemnly sworn; and this, by no less penalty than the Forfeiture of their Places, Live, Promotions, and consequently Livelihoods, and means of Subsistence for them and their Families. But it may be remembered that there was as great severity. (yea, more bitter, because illegal) used against thousands of persons, every way as conscientious as any now can pretend to be, both Ministers and others, by those who imposed the Covenant, to make them swear it, though because of the Obligation of their former Oaths they durst not submit to such a perjury. I could tell sad Stories, to which the World is no stranger, of men brought before Committees, Holy, Learned, Pious, Painful Preachers, unblameable in their Lives, That when nothing could be objected against them for Life or Doctrine, then presently the Cry was, Try him with the Covenant: And the refusal of that, though so contrary to the known Laws, and their former Obligations, was the exposing of them and their Families to Beggary and Misery. Let us reflect upon that unjust severity then, and not think it cruel now, that we are by a lawful Authority required to renounce that which was made an Engine to ruin and destroy so many. But not to dispute the rigour or severity of the Law, let us consider the matter enjoined, Sect. 3. and see whether there be any thing in this Declaration, which a considering conscientious Christian may not readily Subscribe unto. There are but these three things to be declared and acknowledged. 1. The Unlawfulness of Rebellion, or bearing Arms against the King. 2. A readiness to conform to the Liturgy. 3. The Non-Obligation and Unlawfulness of that Oath, called the Solemn League and Covenant. 1. For the first, No Sober Christian, Sect. 4. or Loyal Subject can make Scruple at it, That it is unlawful upon any pretence whatsoever, to take or bear Arms against the King, is a Truth so manifest and express in the Scriptures, which command (a) Mat. 22.21 to render to Caesar the things that are Caesar's; and (b) Rom. 13 1.— 8. 1 Pet. 2.13, 14 Custom, Tribute, Fear, Honour, Subjection and Obedience to our Kings (yea, though they should be as the Roman Emperors, Enemies to, and Persecutors of the Church; that he must forfeit his reason, conscience, yea, his Christianity, that shall question it. And I hope, yea, can be almost confident, That even those who yet scruple the Obligation of the Covenant, and are therefore afraid to Subscribe that part of this Acknowledgement, do abhor, and I presume are ready to declare, That they abhor that Traitorous Position of taking Arms by His Authority against His Person. etc. which was but a distinction invented to draw in many well-meaning people into that quarrel; who being afraid to break their Allegiance to the King, were abused by dividing His Natural and Politic Capacity; and persuaded that they fought for the King, when what they did, tended to destroy Him. 2. For, the Conformity to the Liturgy; Sect. 5. that we may both lawfully conform, and consequently promise it, I refer the Reader to the Discourse about this Subject in my Peace-Offering. 3. But it is the matter of the Covenant, Sect. 6. and the obligation thereof, which is mainly now (if not only) the matter of Scruple, and Stumbling-Block in the way of many. That they (and very many they were) who by the Command of the Lords and Commons in Parliament, and upon the serious exhortation of an Assembly of Grave Divines, with hands lifted up to the most High God, have Solemnly Sworn it, and engaged themselves to endeavour in their places with all sincerity, reality and constancy, without respect of persons to perform the Contents of it; and to stand by all that entered into it against all opposers, and that no fear, terror or persuasion whatsoever should draw them from a zealous prosecuting of the ends of it; that these should now acknowledge and declare, that neither themselves, nor any else are obliged by it, and that it was an unlawful Oaeth, etc. this sticks. Some, Sect. 7. perhaps, that have been over eager and zealous in contending for, and by all imaginable Arguments urging and pressing this Oath, or, Covenant, labouring by all ways to draw the people into this League and Combination, may think their reputation now so to lie at stake; that should they now retract or condemn that, which they have not only sworn themselves, but have been so zealous and instrumental to make others also swear; that high esteem, which they now have with the people for zeal and Godliness, would be utterly lost; when this very Acknowledgement would make people think, that either they did heretofore go against Law, Conscience, and Piety, to promote a wicked design; or, now as weakly, to please men, and to save their worldly estates, are ready to do any thing, and perjuriously to break the bonds which they were by so Solemn an Oath obliged in. And the truth is, while men have their eye thus upon the empty blast of a vain reputation, there can be no hopes to persuade such to retract an error, much less to condemn, what themselves have so violently promoted. But, methinks, men of knowledge and parts, and (above all) that profess themselves to be Christians, should know, that the esteem and applause, or censures of men, is too sandy a foundation to build upon; and the worst rule to guide our actions by: and be able to teach themselves and others, that as sometimes to fall, and be overtaken in a sin, was the weakness of flesh; so to persist in an error is the wickedness of a man; but to glory in, and labour to justify an evil action, is the property rather of the Devil, than Man: and that our best repute, and highest credit with God and all good men, is, that we are more ready to repent, than we were to sin; that we ourselves are ready to cast the first stone, and condemn ourselves for what we have done amiss; that though sin have sometimes overtaken us as we are men, yet upon conviction we rise again by repentance, and through grace overtake mercy. What an happiness would it be to the Church? What a real honour would it be to the persons themselves, if they would be as forward in returning, and as zealous in informing the people of their errors, and reducing them to obedience and peace; as they have sometimes been to stir them up against the ways of both? But I am not so uncharitable as to think that all, or the nost, Sect. 8. who scruple this Acknowledgement, are such men, or only guided by such rules. Many that took this Covenant, and many Ministers that pressed it (I verily believe) thought that they must and aught to do so (though, I fear, upon no better grounds, than St. Paul before his conversion had to persuade him that he (c) Acts 26.9. ought to do many things contrary to the Name of Jesus: or than those had, who persecuted the Disciples, and (d) Joh. 16.2. thought they did God good service. Howsoever) many in the sincerity of their hearts did swear, many through fear entered the same obligation: some think they are still obliged, though they may be convinced that they rashly or unlawfully took that Covenant. The satisfaction of these doubring souls, is the design of this Paper. We shall therefore examine the matter required by this Act, Sect. 9 which is a Law of undoubted Authority now upon us; and conside, whether any men are, or can be obliged by the Covenant mentioned, so far, as that they may not subscribe this Declaration, or, Acknowledgement. There are but these two things required to be acknowledged and declared. 1. That there lies no obligation upon any person by this Oath, to endeavour the Alteration of Government in Church or State. 2. That it was an unlawful Oath, and imposed contrary to the known Laws and Liberties of this Kingdom. Both which I judge unquestionably true, and shall give my reasons, that I may do my part to remove this stone of stumbling, and Conscience being satisfied in this case, we all may obey the Law in a just consormity, and continue with cheerfulness and peace to serve God, and his Church in our generations. An Oath beyond all peradventure is most Sacred, Sect. 10. and hath the greatest tie upon the soul; being, A Religious attestation of God, with an imprecation of his wrath upon us, if we break it, or abuse his Name in it. Here we call in God for a Witness of the truth and sincerity of our hearts, and imprecate his vengeance upon us if we either lie, or mean not to perform what we so promise in things lawful, and in our power. Thus it is a Solemn invocation of God the searcher of all hearts, that he would bear witness to the truth, and be our Surety for what we promise, and punish him that swears deceitfully. So that an Oath thus solemnly sworn, and religioufly taken, must have the strongest obligation upon Conscience, upon this threefold account. 1. In regard of the Name invoked, Sect. 11. and by which it is made. It calls in God as the Searcher of hearts (e) Rom. 1.9. 2 Cor. 1.23. & 11.31. Gal. 1.20. Isa. 65.16. to attest it; that is, the eternal and immutable verity to confirm it: and to falsify here, is to make the God of Truth the Author or Patron of a Lye. 2. In regard of the Imprecation, Sect. 12. and consequently the vengeance to be inflicted; man devoting himself to a Curse, for a punishment of his Perjury; to be an Anathema, if he swear falsely, or willingly perform not, what by solemn Oath he is bound to do. For this was the form of, and the usual imprecation in the Ancient Oaths, (f) Ruth 1.17. 1 Kings 2.23. & 19.2. 1 Sam. 25.22. God do so to me, and more also, if, etc. not expressing; but by an Aposiopesis suppressing the evil wished; as committing it wholly to the judgement of God: q.d. The Lord thus and thus punish me, yea multiply his plagues and judgements upon me, as himself pleaseth, if I intent otherwise than I say or profess. This was a thing which even Nature taught the very Heathens. (g) Corn. Nep. in vita Agesil. When Agesilaus a King of Sparta, and Tissaphernes General of the Persians had made and sworn a three month's truce; The Spartan thought himself obliged to keep faith with his enemy, and to attempt no hostility. But the Persian regarded it not, studied War still. Yet the Spartan persisted to keep his oath, expecting by this means advantage enough against the Persian, as being confident that his Perjury would alienate the minds of men, both from him, and his designs; and moreover provoke the gods also against him, by whom he had sworn. 3. In regard of the end for which the Oath was taken, Sect. 13. Viz. To make faith, and beget belief, to be a perfect (h) Heb. 6.16. Confirmation of a thing in doubt, and the best assurance, that what is promised shall be performed. The God of Truth is called in to witness; and his anger imprecated, that men may have reason to believe and trust us; and not doubt of the truth of our words, or sincerity of our intentions. Words are made to be the interpreters of our mind, by which we can only know the intentions one of another; it is therefore as unnatural as unlawful to falsify one's word, or (i) Leu. 19.11. Ephes. 4.25. tell a Lie; to use mental reservations, Amphibologies, or Equivocations, which would make all Leagues and Contracts of no assurance. Truth and Falsehood are parts of justice and injustice, which have relation to our Neighbour ad extra, and are therefore not to be estimated according to what lieth hid within, in the mind; but according to what flows from the tongue in known and intelligible words. The end of words is to testify the hidden truth of the heart. But when an Oath shall be added to these words, and the Eternal Verity called in to witness that our tongues do faithfully declare our minds, this is added to beget a firmer belief, and to falsify here is a greater sin: a Truth which all men, even the Heathen have received as Sacred. * Vid. Sims. Chron. Cath. in Perfic. p 115. When Lacrates the Theban Captain besieged Pelusium in the behalf of the Persians; at last it yielded upon terms; and Oath was given that the Greeks yielding the Castle, should go out safe with all their goods, and be conveyed to their Countries. Upon confidence of this faith given by Oath, they yield, but the Persian Soldiers under Bagoas, the King's Lieutenant coming in, contrary to the Oath fall to Pillaging the poor Greeks, they now can do nothing but bewail their misery, complain of the Perjury, calling on the gods to punish it. But Lacrates, who had made the terms, and given his Oath, in zeal to his Oath, falls upon the Persians for whom he fought; and protects the Greeks, to whom he had sworn. The Persians accuse Lacrates as taking part with the Greeks against them, but the King (who was then Ochus, even the same who was Ahasuerus the husband of Hester) hearing the cause, justified Lacrates, condemned his own Lieutenant, B●g●as; determined that those Persians were justly served; and ordered further punishment should be taken upon them, who ●o broke the Oath and pillaged the Greeks. So Sacred a thing did that Barbarous King esteem an Oath to be. There is no doubt then, Sect. 14. but there is an high obligation by an Oath upon the soul. But yet not such an obligation in every Oath, as to bind the Sweater to an actual performance of it. For it is no difficult matter to give instances of some Oaths that have been wickedly entered into, and more wickedly kept. And therefore we must consider as the nature, so the several qualities of Oaths, that we may better be able to judge when and how far they bind. As to an Oath then, Sect. 15. that we may neither sin in the taking, nor in the keeping of it, God hath given us this express command, (k) Exod. 20.7. Thou shalt not take the Name of the Lord thy God in vain, etc. And for the preserving this Name of God from all profanation, which is much profaned by rash, inconsiderate, irreligious Oaths; by Perjury, and by not performing our Oaths to the Lord; yea, and by doing, upon pretence of an Oath, what we ought neither to swear, nor do: The Prophet hath set this threefold boundary about all our Oaths. (l) Jer. 4.2. Thou shalt swear— in Truth, Judgement, and Righteousness: (i. e.) Truly, considerately, and justly. So that to every lawful Oath, there are these three things prerequisite. 1. Truth. Sect. 16. That God be not invoked to a lie. Here the Law is, (m) Leu. 19.12 Thou shalt not swear by my Name falsely, a crime (n) Isa. 48.1. Jer 5 2. charged upon Israel as their sin. For this is to make the Eternal Truth witness to a Lie, and lay an impuration upon God, to be (as (o) Joh. 8.44. the Devil) the Father and Factor of Lies. Here than we are obliged, to sweat to nothing, but what is True, viz. to assert nothing but Truth: and our hearts and words going together, that we really endeavour to make good what we have sworn. 2. Judgement. Sect. 17. That we swear not rashly or inconsiderately, but seriously consider what we swear, and whose Name we invoke: that an Oath may be taken with the greatest care, discretion, and deliberation. Lest the Sacred Name of God be profaned by idle, light, and customary Oaths; or ourselves irreparably snared by our inconsiderateness, as Joshua and Israel were (p) Josh. 9.15.— 25. by swearing to the Gibeonites. 3. Justice and Righteousness. Sect. 18. To do nothing but what is just and honest, lest we make God the countenancer of wickedness, and call in the most Holy to patronise impiety or injustice. Such an unjust Oath was that of (q) 1 Sam. 14.39.44.45. Saul, whereby he would have killed his son: (r) 1 Sam. 25.22.— of David, to destroy Nabals' house: of the (s) Acts 23.12 fews to murder Paul. The cause, ground and matter of the Oath must be just, honest, laewful, possible, and consonant to the revealed will of God. These three conditions must have place in all sorts of Oaths, which are fully comprised under these two general heads. 1. An Assertory Oath, which is nothing else but a Deposition: Sect. 19 that, of which the Apostle speaketh, when he saith, that (t) Heb. 6.16. an Oath for confirmation is the end of strifes. Which must be allowed, as without which many controversies, questions, and suits of Law were indeterminable. The use of this Oath is, when we are called, to witness and declare what we know of a thing past or present, the truth whereof we are bound then by Oath to declare, so far as we know. In this the three forementioned conditions have place, thus. 1. Truth, that we affirm or deny nothing, but what we know infallibly, evidently, and certainly: or, if the thing be doubtful, that we affirm or deny it, but as such, and venture no farther than a probability, viz. that there be perfect truth in our words. 2. Judgement, viz. 1. That we remember it is the Oath of God, an holy thing, and not to be made profane or common; nor taken, but when by a lawful authority we are called unto it. 2. In great, and serious, and weighty causes, or matters of moment, to which only it is fit to call down (as by Oath we do) the great God from heaven to be a Witness and Judge. Nec Deus intersit, nisi dignus vindicè nodus inciderit— 3. Not out of any levity, love, hatred, or any passion or perturbation of mind; but a just and lawful necessity: when no other way remains to prove the truth, or put an end to controversies. 3. Justice and Righteousness. When we are justly called to take it, and when we swear, we swear from an honest heart. Here Justice and Truth is much what the same. These Oaths referring only to the time past or present, the Truth in them is but single; relating only to the time present, or the Act of swearing, viz. that this is Truth, which we now depose. The difficulties about these Oaths therefore are not many, nor very implicate, because thus their whole truths are immediately fulfilled in the present act, and a farther obligation these have not. But the most difficulty is concerning another sort of Oaths, viz. 2. Promissory Oaths. Sect. 20. Which have respect to the time to come, and lay an obligation for the future. For by these we engage ourselves to do something hereafter. Such was that (v) 1 Kings 1.17. Oath of David, that Solomon should reign after him. This, when made to God, is called a Vow; when to man, an Oath. The Obligation in both is the same, because made in the name of God. (x) Psal. 76 11 Vow and pay to the Lord, saith one text, and (y) Mat. 5.23. Thou shalt perform to the Lord thine Oaths, saith another. This also must have the same conditions, of, 1. Truth, Sect. 21. that we promise only, what we sincerely mean to perform; and that we do really perform, or at least endeavour our best and utmost to perform what we have so promised. So that the Truth, which in the Assertory Oath is only single, relating to the present, and Act of swearing, is in this promissory Oath double. 1. In regard of the present, that our mind and words go congruously together; that, as we promise, so there be a real sincere intention to perform, and here lies on the soul an immediate obligation, that in the very act of swearing, our words be according to our intentions. 2. In reference to the effect, and time to come, that we will have our Actions go along with our words; and that by our utmost endeavours in all honest ways we will labour to make our words good. 2. Judgement. Sect. 22. That (as in the former so in this) we 1. With reverence remember by whom we swear, the name of the great God, so as we enter not this Oath upon light and trivial causes, or, not lawfully called to it. 2. That upon mature deliberation we so promise, what we promise by oath, considering well the matter and circumstances to which we are engaged; lest by our inconsiderateness we should oblige ourselves to a mischief or inconvenience. 3. That, what we promise be possible, and in our power; lest otherwise by our rashness we become engaged, where by reason of the impossibility of performance we cannot but break our Oaths. That we be not drawn either by affection, passion, fear or terror to promise that, which in out thoughts we would not, or might nor do. 3. Justice, and Righteousness, that what we promise be just, Sect. 23. honest, lawful and agreeable to the Word of God; not contrary to any moral precept, nor our former lawful Oaths, and not yet rescinded obligations. So that, as 1. They sin against this, who having sworn, and being obliged to the duty of any moral precept, yet for gain, interest, vain reputation, etc. absolve themselves at pleasure, and perform not their Oaths: So 2. Do they sin also, who enter into Oaths and Obligations to do, what they are obliged not to do, as to lie, kill, steal, etc. Such was the Oath of the (z) Acts 23.12 Jews to kill Paul; of (a) Mat. 14 8.— 12. Herod to He●odias, both rash, and against judgement in the Act, swearing to give her any request, not considering how unjust, or unequal a thing she might ask; and unjust and wicked in the execution, the Murder of an innocent Man, and an holy Prophet of God. These Promissory Oaths only are the matter of our present consideration, Sect. 24. as those only which have an obligation upon us for the future. And because the Matter of this Oath, which is in the future to be fulfilled, is naturally subject to change whether we will or no, the Obligation therefore must needs be mutable, and separable from the Oath. It is in our power to make the first truth good, viz. That our minds and intentions shall go along with our words; but the second is not always in our power, viz. That our Deeds and Actions shall exactly answer either our words or intentions. He is forsworn, who intends not what by Oath he promiseth; but he is not always forsworn, who effects not what he hath so sworn. Let us therefore consider the Cases, Sect. 25. how far these Oaths oblige; and when, or where the Obligation ceaseth; for I doubt not, but there is an unquestionable Truth in both these Propositions. 1. That though a lawful Oath generally obligeth, yet there are some Cases and Times where it obligeth not: And, 2. That there is some kind of unlawful Oath that still obligeth; so that on the one side, Sometimes an Oath may be lawfully sworn, yet afterwards unlawfully kept; on the other side, it may be unlawfully sworn, yet may be lawfully kept, and would be unlawfully broken. Therefore as to the lawfulness, Sect. 26. or unlawfulness of Oaths, I must premise this distinction, which is but necessary for the better understanding, wherein they are lawful or unlawful, and we may be able to give a clearer judgement of the Obligation. Oaths may be said lawful or unlawful. 1. In regard of the Imposers or Exacters of them. They are lawful, when we are called to swear by a just and lawful Authority; unlawfully imposed, when by an usurping and unlawful Authority. 2. In regard of the Act, Manner, and Motive of swearing. It is lawful, when upon a lawful cell, from an honest heart, upon mature judgement: But not so, when rash, or inconsiderate, drawn by Affection, hurried by Possion, driven by Fear, or extorted by Force. 3. In regard of the Matter sworn to; whether just and honest, or evil and unlawful to be done. In the first Notion, an unlawful Oath may oblige; sometimes in the second; but never in the last. These things will help us to judge what Oath is lawfully or unlawfully taken; and when the Obligation of a lawful Oath ceaseth, and where it continues: And where an unlawful Oath obligeth, or obligeth not. I shall give you my thoughts in these Conclusions. 1. It is beyond all question that all Oaths, Sect. 27. lawfully required, to which we are called by a just Authority, the matter whereof is just, honest, and in our power to perform, do indispensibly oblige the conscience, so long, and so far, as those who required the Oath, will that they should. This I take as so clear and unquestionable, that it needs no proof nor explication 2. All Oaths, Sect. 28. where the matter is just, or they oblige not to any dishonest thing, though they are rashly sworn or upon surprise, though imposed by unjust Powers, extorted by force, and cannot be kept but to our own inconvenience, and so consequently unlawful Oaths, perhaps, snfully sworn, as being contrary to that condition of swearing, in judgement; yet may lawfully be kept, yea, sometimes, and in some cases do oblige, and may not be broken. Such was the case of Pomponius the Raman Tribun. (b) Cic. de office. l. 3. ad fin. cap. de Fortitud, He had summoned L. Manlius to appear in court to an accusation against him concerning his too severe usage of his son. The son T. Manlius hearing of it, went into the Chamber of the Tribune, and with his drawn sword threatened his life, if he presently swore not to him to withdraw the Action against his Father. Pomponius through this terror took such an Oath; and when the day came, declared the matter to the people, and according to his Oath, withdrew the Action. So Religious a tie was an Oath esteemed in those days, though it were extorted by terror. The like may be said of Oaths in case of surprisal: such was the case of Alexander M. The story is this, (c) Pausan. Eliac. 2. Valer. Max. l. 7. c. 3. The Citizens of Lampsacum had joined with Darius the Persian against the Greeks: Alexander who had the command of all the Grecian forces, marcheth with fury, threatening utter destruction to these Lampsacenians; they affrighted, send one of their chiefest Citizens, one Anaximenes to beg favour: Alexander to prevent him and his suit, swears that he will not grant that which Anaximenes should ask: Anaximenes takes advantage, and surpriseth him upon his Oath, Petitions that he would destroy the City, demolish their Temples, captivate and sell the inhabitants; thus was Alexander wittily circumvented, and the City saved, Alexander thinking himself bound by his Oath not to destroy it, because Anaximenes had so petitioned, whom he had sworn to deny. Here was an Oath rashly taken, the swearer surprised, who yet accounted himself obliged. Shall I add another? a case which the Scripture records, it is that oath of (d) Josh. 9. 4-20. Joshua and Israel to the Gibeonites: they by craft obtain a League, which they should not have obtained, had they been known inhabitants of the Land, whom Israel had commission to destroy, but they pretending a long journey, an Embassy from a far Country, Joshua and the Elders of Israel are furprized, the League is made, and sworn to, to let these Gibeonites live. The people, when they hear the fraud, murmur against the Princes, but they answer, We have sworn to them by the Lord God of Israel, therefore we may not touch them. They knew they were (though rashly sworn) yet now obliged, and God did afterwards severely (e) 2 Sam. 21. 1-10. punish the breach of this Oath upon the house of Saul, who sought to slay the ●●●…b●onites contrary to this League, though it was in his zeal to the Children of Israel and Judah. Such Oaths then, though extorted, or unjustly imposed, or rashly taken, yet when their matter is not dishonest or unjust, do bind, though it may be to our own damage or inconvenience. He that hath so sworn may have reason to repent of his rashness, but must perform his Oaths, when he hath sworn, though (f) Psal 15.4. to his own hurt, he must not change. 3. But there are some cases wherein both a lawful oath ceaseth to oblige; Sect. 29. and an unlawful oath never did, nor can oblige to the actual performance of it. The matter of a Promise, and consequently of a Promissory oath, is something future: now what is supposed future may yet be 1. Necessary. 2. Imp ssible. 3. Possible. The first is necessary to be performed, and must be done; the second cannot be expected, nor can there be an obligation to do, what (not only may not but) cannot be done: The last may. But this depending so much upon our own or others wills; and there being also many contingencies, which cannot be determined by our wills; our state and condition here being in continual motion and change: this is that which makes the Difficulty, and is the matter of perplexing oaths, and promises. It must therefore be most evident, that there is no promise or oath, which, in these things whose futurition is subject to, and depends upon so many contingencies; can be so positive and absolute; but must be supposed to have some tacit but necessary conditions annexed to them: by reason whereof a man may sometimes not keep, and yet not be guilty of the bleach of his oath: yea, sometimes may be obliged not to keep it, for all our engagements and actions lie open to the controlments that may be made by a Law, Justice, the power of our Superiors, and the Rights of another third person. So that, 1. There may be, Sect. 30. and oft is (as the Law and C●…suists term it) Solutio vinculi per cessationem materiae, & mutationem factam circa causam juramenti principalem. When the matter of the Oath is taken away, or some notable and material change made in that which was the principal cause of the Oath, the bond is loosed, and he that was obliged, is now free. For this must be supposed as the condition, ●ebus sic stantibus, That things stand and continue as they do, or that there still be the same occasion of doing the thing now, as there was of doing, of swearing to do it, when the Oath was taken. And thus 1. The Matter of the Oath ceaseth, Sect. 31. when the state of things is so changed between the time of swearing and falfilling, that had they been so then as they are now, or had we foreseen this change and state of things, the Oath would not have been required, yea ought not to have been taken at all. For instance, (g) 1 Kings 1.52. Solomon forgave Adonijah his offence in Usurping the Crown, on condition that wickedness should not afterwards be found in him. After this comes in (h) 1 Kings 2.20. B●th●●eba with a Petition for him, and King Solomon gives her an absolute promise that be will not deny her. Upon this absolute grant she goes on to ask (i) Ver. 21. Abishag one of David's Concubines, a wife for Adonijah: upon this Solomon notwithstanding his former peremptory engagement to his Mother, not to deny her, not only doth not make that good; but moreover also takes a Solemn Oath, (k) Ver. 22, 23, 24. Adonijah should die. Here is an evident contradiction to his former peremptory Promise, and yet he cannot be said to break promise, nor had he sworn to the promise, could he for this be accused of dealing salsly; because in the Positive grant by the Promise, there must be understood this tacit condition, that Adonijah (according as his former pardon went) should attempt nothing unlawful, which he now did, it being Treason for any, to attempt the Concubines of the deceased King, besides the Successor; for (l) 2 Sam. 12.8 & 16.21. his only they were. Here was a notable alteration in the matter. The Promise made and sworn to Adonijah, was, as to faithful and loyal, the case is altered when he turns Traitor. Thus, those who have subscribed and sworn to the use of the Liturgy of the Church of England, did subscribe and swear to that Particular Liturgy which was established, and as it was established in 1ᵒ Elizab. but now several alterations being made in the Book, and established by a Law of undoubted Authority, this is such an alteration in the Matter, as frees those from that obligation as to that Book, when the time comes that this new one takes place, and is in force. And to this I refer this also, 2. A Freedom from the bond or obligation, Sect. 32. when the same Authority, that required the Oath, gives a Relaxation, or cancels and annuls that Oath. Thus he, that fulfils not his promise to him, that will not have it fulfilled, breaks not his word: The reason is, because no man is Master of another's right; neither have we a right of making others keep, what is their own property, longer than they will themselves. To Pay a debt is always the duty of the Debtor, so long as the Creditor will have it so: but it is not always a duty in the Creditor to receive it from the Debtor: Acceptation here is equivalent to Payment. If I promise another, and swear to pay him 100 l. I am bound if he will accept it; but if he will refuse the Debt, I am free from the Obligation. So in this case, if a Servant swear to a Master to serve him such a Term of years, He is obliged, if the Master still require it, but if the Master will discharge him sooner, he is free, notwithstanding his former Oath. The like reason there is (I conceive) in Pablick Oaths, suppose them enacted by a lawful Authority; we swear lawfully, and are bound so long as that Authority will have that in force to which we swore. But if the same Authority annul the Law, and revoke the matter, we are also free. As suppose I were called to swear, that I would constantly use the Liturgy now established, and no other, I were bound by my Oath, as well as by the Act that enjoins it: but should this be taken away hereafter by a Law, and the same Authority (i.e.) an Act of Parliament take away this, and require another Form, I should be free of that Obligation: for the Oath supposeth the Authority still requiring it. In such a notable alteration we lawfully may not do, yea must not do (unless our Oath can oblige us to resist a Law, which God hath bound us to obey) what we lawfully did by Oath promise to do. 2. Those Oaths whereby we bond ourselves to Impossibilities, Sect. 33. were Rashly, and inconsiderately taken; and may not only lawfully be broken, but indeed cannot be kept: and the very Impossibility of Performance makes a nullity in the Obligation. Whether the things sworn to, are, 1. Impossible in Nature. As if I by Oath should engage myself to number the Stats, or the sands on the Sea shore, or hold the Ocean in the hollow of my hand: I should be sinfully involved in the guilt of a rash Oath; yet could not be obliged to that, which God and Nature have made impossible. Or. 2. Whether they be Morally, and in equity Impossible. What we swear, must be in our Power: for this also is supposed a condition, that we have power to do that, which we swear to do. This, I conceive, was that which by the Law of the most Righteous God, (m) Num. 30.8, 12, 14. freed a Wife, or a Child from the obligation of their Oath or Vow, when the Husband or Father denied, and disallowed it: because neither a Wife being under Covert bond, nor a Child, being under tuition, are sui juris. They have not power over their own selves. The Wife hath not power over herself, but the Husband: so nor hath the Child, but the Father: and consequently neither have they power over their own Actions and engagements; but he, under whose power themselves are. We know a Bond of a wife, or child under age signifies nothing, nor can they be sued, they have no obligation in the Courts of men. There is proportionably the same reason of Public Oaths, which are the Bonds of People who are under Government, or Tuition of their Prince. If People enter into an Oath, and bind themselves to an Action; and the King, under whose charge they are, who is Pater Patriae, and whom they are bound to obey, shall disallow those Oaths, and forbidden those Actions; they may have reason to ask God forgiveness for their Rash engagements, but are not obliged to do that which they have sworn: the things being not legally in their power, because of a Superior Authority, that disallows them, to which they (n) Rom. 13.5 must be subject. 3. Those oaths, Sect. 34. which in the matter of them are against that most necessary condition of all oaths, Justice and Righteousness, never did, nor can oblige, (i.e.) if the thing sworn to, or Promised by Oath, be dishonest, unjust, impious; against the Law of God, Moral equity, the right of a third Person, etc. it may at no hand be done. There can be no justice, and consequently no obligation to worship an Idol, to Kill, Steal, Ribell, etc. justice requires that all lawful and possible engagements be performed, but sinful and unjust obligations retracted. That Advice is certainly sound, which a Reverend Author gives. (o) In malis promissis rescinde fidem; in turpi voto muta decretum; quod incautè vovisti n● f●cias; impia enim promissio, quae scelere ad impl. tur. Glouc. on Catech. out of Isidor. In wicked Promises, rescind thy faith; in a dishonest Vow change the aecree; do not that which thou hast vowed unwarily; it is an impi●●… oath which cannot be made good but by wickedness. It is a most sure rule, Juramentum pietatis non debet esse vinculum ixiquitatis, for otherwise Scolus esset sides. Such was the oath of (p) Matth. 14. 7-12. Herod to Herodias, an oath sinfully taken, and wickedly kept. Such was that oath of David, He swore, (q) 1 Sam. 25.21, 22, 34. with an imprecation of a Curse upon himself to Destroy Nabal and all his house, which yet upon the petition of Abigail he piously broke, but should sinfully have performed. Such was the Rash Oath of Saul, (r) 1 Sam. 14.24, 44, 45. which would have engaged him to murder Jonathan; but the People prevented, what he should sinfully have done. Such was the (s) Act. 23.12, 21. Oath of those forty Jews to kill Paul, which they wickedly swore, and should more wickedly have committed. In this case, it matters not how, when, or by what means, we were brought to swear, so much, as what we have sworn. Oaths engaging to unlawful, and unjust Actions, (though through ignorance, error, weakness, misprision, surreption, fear, or malice entered into) are not to be kept, nor have any obligation upon the Conscience: They engage the Swearer to repent of, and retract his Oaths, but not at all to perform them. The truth is, Sect. 35. to keep such an Oath is a double sin. A sin it was to swear; and another sin, to perform the oath; Quod malè juratur pejus servatur. For, what God hath forbidden, he will nor have done at any hand. He hath forbidden us to swear or promise them, but much more to do them, and to keep such Oaths, is but to add sin to sin. Were the Oath extorted by fear; it is our sin to he affrighted into sin, who should rather choose to die, than sin. We must beg pardon for our base fears, but at no hand add another sin in performance: and the same must we conclude of Surprise, or Passion, when the matter is unjust or sinful. Memorable is the Story which Munster (t) Munst. de Germ. l. 3. c. 499. records of Jutha the Daughter of the Emperor Otho. 2. She was by the Emperor, her Father, put into a Nunnery; but by force taken thence by Vdalric, or Ulderick the Son of the King or Duke of Bohemia, and married to him. The Emperor, urged by the indignity of the fact, swears to revenge himself upon Vlderick; and to lead an Army into Bohemia. He doth so, His and Uldericks Armies meet. Jutha the Daughter of the one, and Wife of the other, astonished, and affrighted, hastily runs to her Father, begs to speak with him before the Armies join, or he lets his fury rage in blood. She obtains this liberty, and sues for Peace and Reconcilement. The Emperor urgeth his oath, whereby he had bound himself: She answers, (v) Vana est religio quae sceleri locum facit; vim criminibus Sacramenta non addunt. Munst, ibid. That Religion is vain, which makes way to wickedness; nor can any oath give force, power or licence, to a crime, or sin. Thus she satisfies her father's scruple, and obtains her suit. So that No Oath can oblige us either 1. Against Piety, Sect. 36. the duties of the first Table. Or, 2. Against Justice and Charity, the duties of the second. For these are the matters of the (u) Jam. 2.8. Royal Law of God, and indispensible duties upon man: And in vain should the Lord of heaven give us such a Law, if we might at pleasure swear, and then upon pretence of such an Oath be at liberty to break such a Law, the least Commandments (x) Mat. 5.17, 18, 19 whereof God at no hand will have to be broken. But particularly, so far as refers to our present purpose. 1. No Oath can oblige us against equity, Sect. 37. against the right of a third person, or to the direct injury of our Neighbour. For, though having sworn to our own inconvenience, we must not change, because we are Masters of our own rights, and may, if we please, give them away: yet of another's rights we are not. God hath bound us by his Law to preserve them, and we may not swear to destroy them; nor may we destroy them, though we have sworn so. 2. No Oath can oblige us against the Duty, Sect. 38. that we own to our Gouèrnours or Superiors, or the Laws that we do and must live under. God hath bound us to Obedience, and no oath can oblige to Rebellion, Sedition, Schism, or Disobedience: no more than the (y) Mat. 15.5. Mark 7.11, 12. Corban, or pretence of a vow and a dedication of all to God, could free the Jews from yielding that honour, obedience, and maintenance, which God had obliged them to yield to their Parents. He that well understands the Fifth Commandment, Honour thy Father, and Mother, knows that no Oath can oblige a man to rise up against them, and turn his Father out of doors, yea or deny the duty which he owes to them: and as little can it oblige us to endeavour to Subvert the Government, or overthrow those Governors in Church or State, to whom, by virtue of the same Precept, we are obliged to be (z) Rom. 13. 15. 1 Pet 2.13, 14. Sect. 39 subject, not only for wrath, but for conscience-sake. 3. Nor can any oath oblige us against the former just obligations upon us; nor against those lawful Oaths, which we had formerly taken, and are not yet free from. Prior obligatio postoriori praejudicat. A former obligation doth prejudge, and prevent the latter. For every lawful Oath having an unquestionable tie upon the conscience, it must be both unlawful to swear any thing contrary to it, and though we swear, we cannot be obliged. For we cannot be bound to forswear; yea, we are infallibly bound, (a) Exod. 20.7. Mat. 5.33. not to forswear ourselves. A latter Oath cannot oblige, when the very taking of it, is an act of perjury, and the keeping of it would be a persisting in the perjury, in the breach of our former Oaths. This had the (b) Vid. Sims. Chron. Cath. Part. 1. am. 3480. Phaenician Navi learned, who in the service of Cambyses were commanded by him to sail against Carthage; though they were under his pay, and probably bound by the Soldier's Oath, the Sacramentum Militia (and the Soldier is bound to obey, not dispute his General's commands) yet they thought themselves not obliged in this, but denied obedience, because they were by a former Oath obliged to the Carthaginians: and they therefore thought, that their latter Obligation to Cambyies could not oblige them to destroy those, whom by a former Oath they were bound to protect and assist. An Oath, that is unlawfully entered into, because Rashly, may yet bind, when the matter is honest, and in our power: but No Oath, unlawful in the matter of it, can either be lawfully taken, or when taken, can lay any obligation; for No Oath can oblige us to sin. We have now seen the general cases concerning the Nature, Sect. 40. Qualities, Obligation, and Non-obligation of an Oath. It will not now be difficult to show, by applying these general things to the particular case of the Covenant, the Non-obligation, and Unlawfulness of that Oath. I have been very serious in examining and considering this case, not, Whether the Penalty in this Act of Parliament be too severe (for into that we have no call to inquire) but, whether We may lawfully do as that Act requires, and make that Acknowledgement which this Law enjoins us. Viz. Whether this Covenant were lawfully taken, or may lawfully be kept: and whether yet it so obligeth, that we may not renounce it, and declare as much. And upon these premised principles I judge we may be fully convinced of its Illegality, and Non-obligation, and consequently may lawfully acknowledge and subscribe so. 1. It will not be denied, for it is unquestionable, Sect. 41. that This Covenant was a Public Oath; and then according to the former rule, it may also be annulled, revoked, and abrogated by a Public Authority, Suppose the Authority were Supreme that required it; suppose, that we in obedience to that Authority did lawfully swear it: yet without dispute, the Authority, that is infallibly Supreme with us, doth now Revoke, and hath disannulled it. And here is evidently then Cessatio materiae, and such a Notable Alteration of the state of things referring to the Principal matter, which had it then been, this Oath would neither have been imposed nor sworn; and we may justly conclude, that, if it ever did oblige, yet now it doth not: unless we can be obliged to maintain a Law, which an Act of Parliament hath repealed. But this is not all, for this supposeth it established by a Law. But 2. It was an Oath Imposed by those, Sect. 42. who had no authority to impose an Oaeth. It was a Covenant entered into by Subjects; and disallowed by the King, who then ruled over us: and now again, by His present Majesty, with the full consent of all the estates of the Kingdom in Parliament, abrogated: and therefore cannot have an obligation, in analogy to, and by virtue of that Law of God before mentioned, Numb. 30. for in this case there is the same reason of Subjects under Government, as of Children under tuition, or a Wife under Covertbond. We had no power to enter into such an Oath or Combination; nor, it being denied, and disallowed by our Sovereign, can we be obliged by it: for this must be still supposed a condition, That our Governors, and the Laws that we are under, will allow and permit it. But more, 3. Sect. 43. It was an Oath Unlawfully sworn, and cannot but be unlawfully kept. And the unlawfulness will appear in these particulars. 1. It was Unlawful in the Imposition: as being imposed by no lawful Authority. The Laws of this Kingdom acknowledge nothing to have the force and power of a Law, but from the stamp of the Royal Authority, the King's Fiat: which that Ordinance, which imposed this Covenant, never had. It must therefore be concluded to be imposed upon the Subjects of this Realm, contrary to the Known Laws and Liberties of this Kingdom: a thing, even the same, which those two Houses of P. which imposed this Oath, declared; when they took away and annulled the late Canons, and that Oath, which was so Decried for the, etc. viz. * Exact. Coll. p. 859, 860. That A New Oath cannot be imposed without an Act of Parliament; which this was never established by. 2. Sect. 44. Unlawful in the Ends of it. Which (whatsoever, and how specious soever the Pretences were) have appeared sufficiently to the world to have been indeed Seditious, and Rebellious. The charge may seem high, and too uncharitable: but let it be remembered, (and it is too evident then to be denied) This very Covenant was made the main Engine of a design, the saddest, the bitterest, that England ever saw before, to engage a people against the Church and State: and to Bring in the Scots to assist them in a dismal War against the King; which they would not be brought to do, till this Kingdom did Covenant to throw out her Bishops, and extirpate the established Episcopacy, Root and Branch. So that the great ends aimed at in the contriving and exacting this Covenant to be sworn, was, 1. Not to Reform some abuses, or, to take away some needless Officers, or, prevent some irregular proceed in the Courts: but utterly to abolish the established Government in the Church. And then, 2. By the Assistance of the Scots to maintain a War against the King, and to reduce Him to such Terms as the Two Houses should think fit to put upon Him: That they might be able to Give Laws to the King, from whom they were bound to Receive them. 3. Unlawful also it was in the Matter of it, Sect. 45. as binding men 1. To Impossibilities, if not in nature, yet certainly in equit, Viz. binding men to do that, which they had no power, no authority to do. What Power or authority had Subjects to enter into such an Oath, not only without, but contrary to the mind, consent, and express Command and Will of their Soverargn? What Authority, P. e, or Call had they, to endeavour the Overthrowing of that Government, as Antichristian, under which the Christian Church had been happy, and flourished so many hundred years; and which they were by the positive Laws of our Land bond not to oppose, but to obey and submit unto? Id solum possumus, quod jure possumus, Properly, we only can do that, which we lawfully may do. In this sense then, the Covenant should bind to impossibilities; which argues a Nullity: unless Subjects can pretend to a power to overthrow any thing which the Law establisheth, whensoever they like it not. Farther, 2. Unlawful it was, as binding to Unjust, Sect. 46. and Dishonest things also. 1. Infallibly, No Oath can bind to Sedition, or, the overthrow of those Laws that we are bound to obey: and that Oath obligeth to injustice and impiety, which obligeth to Perjury, and the breach of former, not yet canceled, obligations. Now the Laws had established Episcopacy; Ministers had Sworn Obedience to the Bishop. There can therefore be no obligation, because so much Impiety in that Oath, which if it should oblige, would oblige to Perjury. Object. I know what hath been said to this, Viz. That, those who have Sworn obedience to the Laws of the Land, are not thereby prohibited to endeavour by all lawful means the abolition of those Laws, when they prove inconvenient or mischievous. But, 1. Solut. 1. The Utmost of that Obedience, which was sworn to the Bishops, was but in Licitis & Honestis, in lawful and honest things. And how a lawful and honest obedience should be culpable; or the Laws that required it, should be mischievous, or, inconvenient, I confess I yet never could have eyes to see; nor (I think) any man else. 2. Sol. 2. Had the Laws, which established Episcopacy, been such: yet it will seem very strange to a considering, and intelligent man, that, presently to enter into such a Covenant and Combination; and by force and power to break through those Laws, and overthrow the established Government, whether the King will or no, should ever be accounted a lawful means. Again, 3. Sol. 3. Suppose it inconvenient, yet Subjects have no power to Make a Law, or Altar a Law for themselves. If any mischief, or inconvenience had been in that Law; or the Government established; we might lawfully have showed the Grievances, and Petitioned for a redress to those, to whom only it belonged to reform them: but to Swear to extirpate a Government, to overthrow a Law, against the Lawgivers consent; this is somewhat else than a peaceable petition, or an honest endeavour. Though we might by humble petition in such a case beg a Reformation, yet without all controversy we were bound by our Allegiance, Duty, and former oaths, to obey that which was established, until the Supreme power should see it just or fit to alter it. 2. Sect. 47. That Oath which bindeth men to the injury of another, whom we are bound to love as we love ourselves, and to do to them, as we would have others do to us, is unjust in the matter of it, and consequently unlawful, and bindeth not: But this Covenant bindeth to such an injury; an injury, not of one, or two, but an whole Order of Bishops who were once a Third Estate (and by the good Providence of God are so now again) to the depriving of them both of their Places, and Power in the Church; and of their Lands, Estates and Livelihoods, that if they lived, they must live upon Alms; as many in the late Confusions were even forced to do. 3. It was infallibly unjust, and dishonest, and wicked, to endeavour and conspire the destruction of innocent, faithful, loyal subjects; to swear the death, confiscation of goods of all those, that conscientiously thought themselves bound, (as indeed they were) by their Allegiance to serve and assist the King, and to preserve him from that fatal end, to which this Covenant (though, I verily believe, many of those, who sometimes were zealous in imposing it, and thousands that took it, never intended such a thing) did make and prepare too sad a way. Yet this do they swear, viz. to discover all such, as have been, or shall be Malignants— and to bring them to public trial, that they may receive condign punishment. And who these Malignants were, what the condign punishment was, is sufficiently declared by those who imposed the Covenant, and therefore by their avowed sense and public Declaration, it is manifest whom men were by this Covenant bound to persecute and destroy. * See, Exact. Coll. p. 260, 576, 509. All persons, who, upon any pretence whatsoever did assist His Majesty with Horse, Arms, Plate or Money in that war, these were declared Traitors, unparallelled Traitors, and who ought to suffer as Traitors (and what the punishment of such is, we need not be told) and to these was vowed speedy, and exemplary punishment. Many other particulars might be produced to prove the Non-obligation, and the unlawfulness of that Covenant, Sect. 48. but these are enough to engage us to acknowledge, and to justify us in such an acknowledgement as the present Law, the Act for Uniformity requires. Some, perhaps, may not be convinced of the truth of all these particulars here asserted: yet, me thinks, we may easily see enough to satisfy our souls, as to all that this Act requireth of us. And really, the Act in this particular seems to be penned with such Caution, Prudence, and Tenderness, that no conscientious Christian may be ensnared by such a subscription, nor have any occasion justly to scruple such an Acknowledgement. For, 1. As to the Obligation, it requires us only to acknowledge its present non-obligation. Not, that it never did, but that it doth not now oblige. Many perhaps may think that they were obliged, while that power stood, when yet they may now see they are not. But whatsoever was the Obligation, whether ever it did, or did not bind, all that we now are to declare, is, That there now lies to Obligation on us or any other by this oath to endeavour the alteration of Government in Church or State. Let me seriously put the question to those that yet make scruple, and are afraid to subscribe: Yea, let all loyal and pious hearted Christians put the question to their own souls, and as in the presence of the eternal, Allseeing, and most righteous God, give answer to themselves. 1. Sect. 50. Can any Oath, that we have rashly taken, oblige any subject to resist, or endeavour to root out a Government, which the Law hath established, and doth still maintain, and require obedience to? then, certainly, disobedience and rebellion could be no sin; nor any Government be firm, or Governors secure, when men that like it not shall by Oath bind themselves not to obey, but abolish it. Prelacy is restored, and by an unquestionable Law established, do ye really think in your consciences that ye are now bound to extirpate it? not only some of the subordinate officers (as some, who in the sincerity of their hearts were drawn in to swear this Covenant, did think they only were obliged against the whole frame, as so compounded together, and if any alteration were made, though but in some of the lowest Officers, were it but the removal of some Officials, Comissaries, etc. they had sufficiently answered their obligation,) But even the Bishops themselves, (for whatsoever some might think when they took the Covenant, the Imposers of it, by their actions showed, that they meant not the laying aside only some Officers not so necessary, nor of Divine institution, but the whole Episcopacy, and the very Bishops as a plant not of Gods planting.) Yea, if occasion and opportunity should be offered, may not some upon the same pretence rise up against the whole Ministry, and from the same Covenant plead the extirpation of all the Ministers also, because they are made so by Episcopal Ordination, as such who are, and must be included under the title of Ecclesiastical Officers depending on that Hierarchy, which in the Covenant men with the Hierarchy bind themselves to exterpate? 2. Do ye really think, that, Sect. 51. notwithstanding it is enacted by a Law that to raise and bear arms against the King (though by order or ordinance of both or either house of Parliament) is Treason, yet that you are bound still to maintain Armies against His Majesty, if he will not consent to the matters sworn to in the Covenant: and to assist each other, and never by any terror, fear, or persuasion be drawn from such a combination? for so runs the Covenant, and if such be men's principles, that it still obligeth, how can our peace, or Laws, or Government ever be secure? 3. Do ye really think, Sect. 52. that you are still obliged to bring all that did adhere to, and assist His Majesty in the late war, to punishment; to suffer as Malignants, Traitors, unparallelled Traitors, (as they were then called, and the Covenant meant)? If the Covenant have any obligation, it must oblige to these things, for so is it there in terminis expressly sworn. Let me beseech all, soberly to lay their hands upon their hearts, and answer these questions to their own souls, and if they are not obliged in these (as beyond all doubt they are not, yea beyond all controversy they are tied by all obligations to the contrary) then must we conclude that it is truth, which by this Act of Parliament we are obliged to declare, and we may lawfully (and consequently, being so legally commanded, we are in conscience bound to) acknowledge and subscribe, that whether ever there were or were not any obligation by the Covenant, yet now, There lieth no obligation upon us, or any other person by his Oath, to endeavour any change or alteration of Government either in Church or State. These considerations are sufficient to satisfy us then as to the first part or proposition to be acknowledged concerning the Covenant, viz. it's present non-obligation. Which is no more, Sect. 53. than that, 1. What ever it did heretofore, yet now it doth not oblige, being taken away by a Law of a Public and just authority. And, 2. However, man may yet be obliged to some other things therein mentioned, as to endeavour in our places and callings, the extirpation of Heresy, Schism and Profaneness, and whatsoever is contrary to sound Doctrine, and the power of Godliness: to maintain and defend the King's Majesty's person and authority (without that Restriction there annexed, our Allegiance being due to Him, not as He is a Christian or Godly, but as He is our King;) and to amend our lives, and go before each other in the example of a real reformation, etc. Though, I say, we may be, and are still obliged to all these things (yet, I think, not from this Covenant, but from other grounds and principles of more unquestionable authority) yet we may make that acknowledgement as the Act requires, which is not, that there lies no obligation by the Covenant to endeavour these things: but only No obligation to endeavour the alteration of the Government in Church or State: (i.e.) No obligation to Sedition, Rebellion, or, Opposition of the Laws which God hath commanded us to live under. 2. Sect. 54. As to the latter part to be declared, viz. the Unlawfulness of that Covenant, it is only, that it was an Unlawful Oath, and though there may be many things to prove it so, yet we are there required to acknowledge but this one, The imposition of it contrary to the known Laws and Liberties of this Kingdom, which must be acknowledged by those, who themselves have declared, that No new Oath can be imposed but by Act of Parliament, which this never had, as before was shown. Is it not undoubtedly true, that there can be no Act of Parliament, no Law, without the Royal assent? and was not this imposed without, yea contrary to the Consent of His late Majesty then Reigning? Disallowed still, condemned and revoked now by His present Majesty? yea condemned and disannulled by a Law of England, an Act of Parliament? So that it is most certain, that, It was an Unlawful Oath, so far at least as concerns the manner of the imposition, and the authority of the Imposers, as, Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom. And this is all that we are here required to acknowledge. Let me but add the determination of the Assembly of Divines then called together by the two Houses of Parl. and sitting at Westminster, Sect. 55. in their Exhortation an next to that Covenant. In answer to that Plea of the Clergy, who might object, [They were sworn to obey the Bishops in Licitis & Honestis, and therefore could not take this Oath to extirpate them—] They conclude thus— If there should be yet any Oath found into which any Ministers or others have entered, not warranted by the Laws of God and the Land, in this case they must tell themselves and others, that such Oaths call for Repentance, and not Pertinacy in them. Now, are there not many things in this Oath against the Laws of God? is it not wholly against the Laws of the Land? Where do the Laws of God or the Land warrant Subjects to extirpate an established Order and Government, without the consent, yea against the mind of their Sovereign? Where do the Laws of God or the Land warrant any to prosecute those who according to their duty and Allegiance, serve, and labour to defend the Life, the Person, the Authority of the King, and act by His Commission, as Malignants, and evil Instruments, and to punish them as Traitors? Sure I am, it was an Oath, much more against the Laws of God and the Land, than any of those Oaths, wherein the Subjects of this Realm were before engaged, whether the Oaths of Supremacy and Allegiance; or, the Oath of Canonical obedience to the Bishops, (which are warranted by both;) can with any shadow of reason be pretended to be. This Oath therefore, even according to their determination, calls for Repentance, and not Pertinacy in it. And, really, Repentance, earnest, Sest. 56. unfeigned Repentance it doth call for. We may too justly lament, and take up the words of the Prophet, Because of Swearing, the Land mourneth. The Land hath mourned, under the Scourges of God, and we have yet cause to fear, lest God again make us feel the smart of his Rods; Sure I am we have yet reason to mourn, in sorrow and compunction of heart, for the sins of our Oaths, (besides those customary, profane, Tavern, and street-oaths of ungodly men,) for our neglect and breach of those Sacred ties of Allegiance and Supremacy, which we had sworn, and violated; for those many unlawful Oaths and Engagements, which were too rashly entered into, and more sinfully kept. O let us with tears in our eyes, and contrition in our hearts, earnestly beg pardon of our God, whose name in these we have so often taken in vain; and testify the sincerity of our Repentance by a Conscientious returning to our duty, in the careful practice of the strictest Piety to God; unstained and constant Faith and Allegiance to the King our Sovereign; and a cheerful and ready obedience to the Laws upon us both in Church and State. Thou hast now (Reader) my thoughts concerning this acknowledgement that we are to make of the Non-obligation, Sect. 57 and Unlawfulness of the Covenant. A I my design is Peace and Obedience, and to offer what I am able, to remove those doubts and stumbling-blocks that lie in the way, and hinder both. For those sober, humble, and conscientious men, who yet dare not renounce that Covenant, which though unadvisedly sworn, they yet think to oblige, and are therefore afraid to subscribe this Declaration prescribed, I shall presume to hope, they may find something in these papers, that may satisfy their doubts, remove their fears, and convince them of their real duty, that by their groundless scruples they may not make themselves uncapable of serving Christ and his Church in the Public exercise of their Functions and Ministeries. Read, Ponder, and Consider the matters before thee, lay aside all passion and prejudice, and the by-thoughts of a vain reputation: let not men that have erred, be ashamed to confess it, but be more ashamed to persist in it. Repentance is the next Door to innocency. Quem paenitet peccâsse paenè est innocens. We have suffered a sad shipwreck by our Follies and Sins, Repentance is Secunda tabula, post naufragium, a Planck left, by means whereof, through God's mercy, we may yet get safe to shore, and be happy again. — Si quid novisti rectius istis, Candidus imparti: si non, his utere mecum. FINIS.